FEATURES OF INHERITANCE OF SOME CATEGORIES OF RESIDENTIAL PROPERTIES
Rubrics: LAW
Authors:
1.
S.Yu. Witte Moscow University., branch in Sergiev Posad
Sergiev Posad, Russian Federation
Sergiev Posad, Russian Federation
Type:
Article
Pages:
from 171
to 186
Status:
Published
Received:
20.04.2015
Accepted:
20.04.2015
Published:
20.04.2015
Language:
Russian
Keywords:
inherit, accommodations, encumber, housing co-operatives
Abstract (English):
The article considers the issues of inheritance of privatized dwellings with encumbered rights of citizens having the right to use the living quarters; premises in houses of housing and housing co-operatives; as well as the peculiarities of inheritance of shares in the common ownership of a dwelling. The author points out that the inheritance of privatized premises which are individually owned, carried out in a general manner. However, there are several problems associated with inheritance. In accordance with the Family Code property received by one spouse to the gratuitous transactions, is their property. Therefore, if privatization took place in the payment of certain sums of money, in this case, there is a common joint property of the spouses; if the transfer occurred gratuitously, the subject of property rights is a person with whom the contract was made. The question of inheritance of premises in houses of housing and housing cooperatives is studied. The specifics of the legal regulation of these relations are determined by the legal status of the cooperatives themselves. In contrast to the general rule, ownership does not arise from the state registration, and upon the payment of a contribution. Regardless of state registration and whether there is a document confirming the ownership of the dwelling, after the death of a member of the construction co-operative, who payd for shares, housing is inherited under the general procedure. The author studies the question about the features of transactions with shares in the common ownership of dwellings and residential premises belonging to the common ownership. In accordance with para. 2, Art. 246 of the Civil Code a co-owner has the discretion to sell, give, bequeath, pledge in its share or dispose of it. It should be borne in mind that the sale and exchange shares in the common property shall be permitted only as subject to the preemptive rights of other participants in the acquisition of such shares. Housing is not recognized as common property, when it was purchased at the actual termination of the marriage, and, consequently, the other spouse does not have any rights to housing.
The article considers the issues of inheritance of privatized dwellings with encumbered rights of citizens having the right to use the living quarters; premises in houses of housing and housing co-operatives; as well as the peculiarities of inheritance of shares in the common ownership of a dwelling. The author points out that the inheritance of privatized premises which are individually owned, carried out in a general manner. However, there are several problems associated with inheritance. In accordance with the Family Code property received by one spouse to the gratuitous transactions, is their property. Therefore, if privatization took place in the payment of certain sums of money, in this case, there is a common joint property of the spouses; if the transfer occurred gratuitously, the subject of property rights is a person with whom the contract was made. The question of inheritance of premises in houses of housing and housing cooperatives is studied. The specifics of the legal regulation of these relations are determined by the legal status of the cooperatives themselves. In contrast to the general rule, ownership does not arise from the state registration, and upon the payment of a contribution. Regardless of state registration and whether there is a document confirming the ownership of the dwelling, after the death of a member of the construction co-operative, who payd for shares, housing is inherited under the general procedure. The author studies the question about the features of transactions with shares in the common ownership of dwellings and residential premises belonging to the common ownership. In accordance with para. 2, Art. 246 of the Civil Code a co-owner has the discretion to sell, give, bequeath, pledge in its share or dispose of it. It should be borne in mind that the sale and exchange shares in the common property shall be permitted only as subject to the preemptive rights of other participants in the acquisition of such shares. Housing is not recognized as common property, when it was purchased at the actual termination of the marriage, and, consequently, the other spouse does not have any rights to housing.
Keywords:
inherit, accommodations, encumber, housing co-operatives
inherit, accommodations, encumber, housing co-operatives
1. Bobrovskaia, O.N. Nasledstvennoe pravopreemstvo v zhilishchnykh kooperativakh. Obzor sudebnoi praktiki [Hereditary succession in housing cooperatives. Judicial review]. Sovremennoe pravo. - 2010. - №4.
2. Bobrovskaia, O.N. Nekotorye kollizionnye voprosy nasledovaniia zhilykh pomeshchenii [Some conflict questions of inheritance of premises]. Zakon. - 2010. - №10.
